You have a great idea, and you think you want to protect it. A patent is the grant of a legal monopoly to an inventor to exclude others from making, using, offering for sale or selling the invention or importing the invention.
There are three types of patents. They are:
Utility patents:
may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.
Design patents:
may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
Plant patents:
may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
Utility and plant patents are granted for a term that begins on the date of the grant and ends 20 years from the date the patent application was first filed. Design patents are granted for a term of 14 years from the date of the grant. A patent holder loses exclusive rights to the invention when the term expires or when periodic maintenance fees are not paid.
If you apply for a patentat the US Patent Office, you are entitled to use the term "patent applied for" or "patent pending" when referring to your invention. Note however, the law imposes a fine on those who use these terms falsely to deceive the public.
A patent can not be obtained if the invention was in public use or on sale for more than one year prior to the filing of a patent application. Even if only you use or privately sell your invention for more than a year prior to filing an application, you will be barred from the right to a patent.
The cost for a patent varies by type of patent, whether the applicant is a small entity (individual inventor, nonprofit organization, or a small business) or a corporation and several other factors. For a utility patent, the basic filing fee, the issue fee, and the maintenance fees during the patent term will total approximately $4,000 for a small entity. Charges for design and plant patents are slightly lower.
The patent application process can be quite complex, and the US Patent Office will not assist in the preparation of application papers. Accordingly, if you are thinking of applying for a patent you should hire a patent attorney or agent.
